The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019

Yn ddilys o 31/12/2020

Council Decision 2003/17/EC U.K.

6.—(1) Council Decision 2003/17/EC on equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries is amended as follows.

(2) Before Article 1 insert—

“Article A1 U.K.

1.   In this Decision, “the Seeds Marketing Regulations” means—

(a) in relation to England, the Seed Marketing Regulations 2011;

(b) in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

(c) in relation to Scotland—

(i) in relation to vegetable seed, the Vegetable Seeds Regulations 1993;

(ii) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

(iii) in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;

(iv) in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;

(v) in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;

(d) in relation to Northern Ireland, the Seed Marketing Regulations (Northern Ireland) 2016.”.

(3) In Articles 1 and 2—

(a) omit “third”;

(b) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “ the Seeds Marketing Regulations ”.

(4) In Article 3—

(a) in paragraph 1—

(i) for “Community”, in both places where it occurs, substitute “ United Kingdom ”;

(ii) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “ the Seeds Marketing Regulations ”;

(iii) omit the second paragraph.

(b) in paragraph 2—

(i) for “Community” substitute “ United Kingdom ”;

(ii) for “EC” substitute “ UK ”;

(iii) in point (a)—

(aa) for “Member States” substitute “ the United Kingdom ”;

(bb) for “third countries” substitute “ countries listed in Annex 1 ”;

(iv) in point (b)—

(aa) for “small EC” substitute “ beet, fodder or vegetable seed, small ”;

(bb) for “Directives 66/401/EEC, 2002/54/EC or 2002/55/EC” substitute “ the Seeds Marketing Regulations ”.

(5) Omit Article 7.

(6) In Annex 2—

(a) in paragraph A—

(i) in the heading, for “third countries” substitute “ countries listed in Annex 1 ”;

(ii) in point 3, in the first indent, omit “Member State or third”;

(b) in paragraph B—

(i) in the heading, for “third countries” substitute “ countries listed in Annex 1 ”;

(ii) in point 1, in the second subparagraph, for “Community rules” substitute “ the Seeds Marketing Regulations ”;

(iii) in point 2.1, for “laid down in” substitute “ specified by the Seeds Marketing Regulations and ”;

(iv) in point 3.1, in the first indent—

(aa) for “Community rules” substitute “ the Seeds Marketing Regulations ”;

(bb) for “EC” substitute “ UK ”;

(v) in point 3.2, for “Community law” substitute “ the law of the United Kingdom ”;

(vi) in point 3.5, for the words from “at least” to the end substitute “ English and may also be given in other languages ”;

(vii) in point 5—

(aa) in the first subparagraph, for “Community”, in both places where it occurs, substitute “ United Kingdom ”;

(bb) for the second subparagraph substitute—

“In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced—

• — under the responsibility of the persons responsible for the maintenance of the variety referred to in the United Kingdom National Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001;

• — in a country which has been granted equivalence of checks on practices for the maintenance of varieties, under Council Decision 2005/834/EC; or

• — in an EEA State or Switzerland, provided the seed of the preceding generations was produced before the end of the period of two years beginning with exit day.”;

(viii) in point 6—

(aa) in the first indent, for “Community,” substitute “ United Kingdom ”;

(bb) in the second indent, omit “third” and, at the end, insert “ or ”;

(cc) after the second indent, insert— “ — in an EEA State or Switzerland, provided the seed of the preceding generations was produced before the end of the period of two years beginning with exit day. ”.

Commencement Information

I1 Reg. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)